New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-05-21
FOUR OF THE TWELVE LEFT.
sHARps JURY NOT so STRONG AS IT WAS
THE PROCESS or SELECTION STILL GOING oN-NEr
RESULT or Yesterdays WORK


RESULT OF YESTERDAYS WORK.
Of the original twelve men who flied the jury
box as peers of Jacob Sharp to determine his guilt
or innocence on a charge Of bribing Alderman
Fullgran only four remain. The prosecution has
exercised five peremptory challenges, the defence
six. Each side has twenty There are now eleven
men in the box, and how long the refining process
may go on no one can say. The court will not
sit to-day in view OF the half holiday law and tho
protests Of Mr.. SticLney. The challenges used by
the defence yesterday damaged the jury percep-
tibly and yet the eleven men there now look well.
Only they do not seem to be OF great strength
of character.
Thus far the trial has proceeded almost without
incident The lawyers on each side have been
conscentiousy at work from their different points
OF view securing the jury. They have not attempt
ed TO be funny or to turn serious criminal trial
into farce. Ii the case had been ar ordinary
civil action there could not have been less effort
at dramatic poses on the part Of the attorneys.
When The days work began the persmptOry
challenge rested with the defence. They exercised
1t first upon the fourth juror. Mr. Cousins who
was the second occupant of that seat. Nearly
Of persons We're excused ip the shortest pos
sible order by Of their disturbing opinions.
Then William ID. Wheewright lumber merchant
at No. So Wall-st, was assigned to the vacant
chair. His examination was interesting and showed
him to be exceedingly competent and desirable
juror. He had read o great deal about these
cases and had received strong impression that
the franchise of the Broadway Surface Railroad
Company had been obtained from the Board Of
Aldermen by the use of corrupt methods. His
impression was that Mr. Sharp as one Of the pro-
Jectors of the road interested in the granting Of
the franchise had had port in the evil methods
which resulted in lis passage. But notwfthstand-
ing these impressions, he believed himself able TO
decide the case on the evidence solely, without
regard to his opinions.
The defence asked Mr. Wheelwright If the OBJ
servations which the newspapers might make at
his expense in case he gave verdict OF not
guilty would affect him at ALL His reply to this
question was particularly sensible and in good
taste. Most jurors to whom this query is pro-
pounded reply mo, sir,' with a great show OF
hardihood and personal courage. Their faces
usually belle them. They generally look like the
very men who would be most sensitive to crtt
cism Mr.. Wheelwright answered.:
Yes SIR am bouud to concede woali greatly
to DO held up to the 70 % "a so or Is SUCH o%
not % appreciate It's Orcs ,,,on, wo,s :,
TAnd aa rear woad no MSS as sRosd DISLIKE to
should do dutv as my Judgment and con-
owoaid interfere with business to as, as juror
hes Avery seriously could only serve at great per-
sonal sacrifice
The defence challenged Mr.. Wheelwrisht for
bias, but the Court overruled them. The jurors
candor, intelligence, and fairness are stamped all
over his face.
Mr.. Loewenthal was the next victim of the
defendants pruning knife, and in his stead an
other apparently excellent juror was obtained In
theodore kaufeld drygoOds importer, oil No.
GA Nhite-st., handsome man, with fine prema-
turely white hair, brown mustache and eyes OF
IL, ,-,ah,o cffo for nan
accent but was clearly educated man, and ex-
pressed his ability to render just verdict on tho
evidence. 49,
Mr. Mattoni, No. 6, was retired on peremptory
challenge and gave place to Morris kohlenrer, q
shirt manufacturer, whose place of business is az
No. II Franl<lin-st. Mr. Koblenzers examination
differed but little from that of other Intelligent
and competent men
| In the afternoon Ira Shafer, the noisy person
who defended Cleary, came into the court room
and sat for two hours watching the proceedings,
lie probably felt profound disgust for the men
engaged in the defence Not once did he see Mr..
sticIlney prance up and down the room and shake
his list in the ict-Attorneys face. Not once
did he hear Senator Nelson eoverty insult the
judge Not once did Mr. Parsons get up and
roar and below and tear his hair and bid the
Jurors look there at poor Jalkey' Sharp judge
Fullerton, to be sure, did make an occasional
objection and once twice excepted to the Courts
rulings but he actually did IL as If he were q
gentleman. But probably the thing which most
nonplussed Alr. Slafer the sight Of the de-
fendant's lawyers actually consentng TO excuse
dumb and low minded persons. Mr.. Shafer stood
1t as long as he could and then with fine show
OF sarcasm remarked to one near him as he went
out, They're conducting this case SO gentlemanN
that everybody's gone to Sleep
| In discharpinQ Juror Brill, the foreman. tho
defence put one of the best men out of the box
The Juror selected TO take Mr.. Brill's seat H
Charles LYON, clothing merchant, whose business
is Mt No 458 Broome-st 10 took twenty-five min
utes to satisfy Mr. Nelson thai be was a competent
Juror, and even the point was not conceded With
out objection. Another unexceptionable man was
deposed when the defence challenged Mr.. Living
ston the original occupant Of the fifth chair. But
his loss was seemingly well made up in William
e. Caldwell an insurance broker at No. 60 Walk
st. MIR. Caldwell is young man. and has %
smoothly shaven face. He is member Oh
the University Club, OF which Mr..
MARITIME and Mr. Nicoll on the one side aud MIR.
Stickney and Mr. Parsons on the other. are
members The defence did not offer TO cross-exani-
Inc Mr., Caldwell. but SAID tney were content WIN
Iiter a long consultation with his colleagues.
Senator Nelson called the courts attention 70 me
peremptory challenge should be hrsl with the
| people and then with the defendant SAID he:
We contend your Honor that the intent Of this statute was
isnsa When they DONE they say lhs jury saus
The original gs a the we % ns1 ssa 20
e1rsue challenges upon new jurors at this me nor np
the state has done 80.
This was scheme on the defence's part to compel
the people to take up the challenge without rein- %
ouishipg their right to renew II in case the state
refused to use it, but that 1T was content
The Judse-The challenge is with you. Mt Nelson. When
| You are DONE you can say so x,,-.u.,
exception to your Honors ruling ru...sy -
have made ruling am waiting for you 10 proceed-
noas your onor refuse TO make the order we clamf
The court OF nothing before t uness undefsaaas
| that YOU are done challenging"